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MINUTES.
MINUTES NOT TO BE WRITTEN ON THIS SIDE.
480
English Court as legitimate for
the purposes of succession to
property to which Chinese law was
applicable, the British
Nationality etc. Act 1914 is a
British and not a Chinese law
and must I think be taken to
contemplate only one wife to the
exclusion of all others and
only children born to a man by
that wife.
It is true that there
18 no general British code of
marriage extending to all His Majesty's Dominions in the same
way as the Act of 1914 extends
as a general code of British nationality, but, subject to the existence of polygamy amongst
certain races in different parts
of His Majesty's Dominions and its legal recognition for certain purposes "marriage" in English law and also in that of the
Dominions and Colonies primarily
implies monogamy, and where a
Statute such as the Act of 1914
refers to "wife" "married woman"
"marriage", "child" without any
definition extending the ordinary
meaning of these terms I think
it must be taken to apply (in
the language of the text books) to "marriage as understood in
Christendom
4
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"Instructims (A)" fact out on
the Ciscutor of 25 Apul
415 WA.
Christendom" .
There is one point which
may be of importance not mention- ed in the Memorial or elsewhere
in the papers, viz. the birthplace
of these two children.
Prima facie as their
inclusion in the certificate is
asked for one would suppose that they were not born in the Colony, but as it is stated that Lee has
not left the Colony for 10 years and that the two boys (born in 1915 and 1922 respectively) are together with their respective mothers living with him in Kowloon it seems not improbable that they were born in the Colony,
and if so they are of course natural-born British subjects and the question of including them in the certificate does not arise.
This should be pointed out when
this despatch is answered.
First? certificate in
Form A to Secretary of State to
sign but not date.
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JAR. 8/2/24
once
6/2/24
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